“Austria is the first European country to recognise marriage equality for same-gender couples as a fundamental human right

All the other European states with marriage equality introduced it (just) the political way,” he said in a Facebook post.

Austria’s constitutional court examined a 2009 law that allows registered partnerships for same-sex couples but prevents them from getting married. It acted at the request of two women who were rejected by two lower authorities.

The distinction between marriage and registered partnership can no longer be upheld without discriminating against same-sex couples, the court said in a statement

“The resulting discriminatory effect is seen in the fact that … people living in same-sex partnerships have to disclose their sexual orientation even in situations, in which it is not and must not be relevant, and … are highly likely to be discriminated against,” the court said in its ruling.

The conservative People’s Party (OVP), who’s leader Sebastian Kurz is expected to be sworn in as chancellor next month, said it will accept the ruling.

The far-right Freedom Party (FPO), Kurz’s chosen government coalition partner criticized the ruling.

“Now there is equal treatment for something that’s not equal,” said Herbert Kickl, FPO General Secretary, in a statement. A marriage between women and men needs protection as only these partnerships can create children, he said.

The OVP and the FPO voted against same-sex marriage in parliament a few months ago

The court decision comes days after French President Emmanuel Macron unveiled a plan to curb violence against women and weeks after Scotland apologised to gay men for historical convictions.

The Homosexual Initiative Vienna (HOSI) welcomed the court’s decision. “We are very happy,” said HOSI chairman Christian Hoegl. “We want to use the opportunity for a renewed call for a fundamental reform of marriage.”